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HALE O KAULA CHURCH v. MAUI PLANNING COM'N

No. CIV. 01-00615 SPK/KSC.

229 F.Supp.2d 1056 (2002)

HALE O KAULA CHURCH, et al., Plaintiffs, v. THE MAUI PLANNING COMMISSION; et al., Defendants. and The United States of America, Intervenor.

United States District Court, D. Hawai`i.

October 24, 2002.

Attorney(s) appearing for the Case

Roman Storzer, Anthony Picarello, Derek L. Guabatz, Becket Fund for Religious Liberty, Washington, DC, Charles Hurd, Hurd & Luria, Honolulu, HI, for Plaintiffs.

James B. Takeyesu, Victoria J. Takeyesu, Madelyn S. D'enbeau, Dept. of Corp. Counsel, County of Maui, Wailuku, HI, for Defendants.

John P. Dellera, Dept. of Atty. Gen., Honolulu, HI, for State of Hawaii.

Adam Szubin, U.S. Dept. of justice, Washington, DC, for Intervenor.

ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL DISMISSAL; AND (2) ADDRESSING OTHER CONSTITUTIONAL ISSUES

SAMUEL P. KING, Senior District Judge.

INTRODUCTION

In this lawsuit, Hale O Kaula Church and its Elders Daryl Arita, Thomas Foster, David Jenkins and Robert Poulson ("Plaintiffs") have alleged violations of the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc et...

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